Immigration rules update

Legislation was laid in Parliament on 22 October, which sets out a number of changes to the Immigration Rules.

These changes provide the foundation for the UK’s new Points-Based Immigration System, which will apply from 1 January 2021, including to newly arriving EU, European Economic Area (EEA) and Swiss citizens (except Irish nationals). These changes build upon the measures already outlined in the policy statements published by the Government in February and July 2020.

The new Student Route and Child Student route are now live. Further routes, including the Skilled Worker Route, will open between 1 December 2020 and 1 January 2021.

Guidelines for EU, EEA and Swiss citizens
EU, EEA and Swiss citizens arriving in the UK on or before 31 December who wish to work, study or visit the UK should not apply through the Points-Based Immigration System. If they want to stay in the UK after 30 June 2021 they should apply to the EU Settlement Scheme upon arrival in the UK.

The Government has created a range of introductory guides for those planning to enter the UK from 1 January 2021 from the EU, EEA and Switzerland. They have also created individual country pages on GOV.UK with translated information available in 25 other languages. These pages will be updated in the coming weeks with further guidance. 

More information can be found in the Written Ministerial Statement and in the full version of the Immigration Rules.

DCMS Update on Brexit

I’ve attached an excellent update that DCMS have put together that pulls together Government Brexit announcements and arranges them under different themes

• Future Relationship and Transition Period
• Immigration
• EU Settlement Scheme
• People and Tourism
• International Trade
• Exports, Customs and Borders
• Carnets, Licences and Permits
• Services
• Data Protection and Intellectual property
• EU Funding and Finance
• Arts, Heritage, Tourism and Cultural Sector  

Immigration Update

Legislation has been laid in Parliament setting out a number of changes to the Immigration Rules that provide the foundation for the UK’s new Points-Based Immigration System, which will apply from 1 January 2021.

As you will have seen in the media, this contains the amendment that reduces the Salary threshold to £20,480 from the previous £35,800, a change that will greatly help tourism businesses recruit the staff they need in future.

The Skilled Worker Route will open for applications from December 2020. In order to recruit overseas workers through the Skilled Worker Route, you must be registered as a licensed sponsor. Getting a licence normally takes around 8 weeks and fees apply. You can find all the information you need, at GOV.UK/HiringFromTheEU.

Here’s a link to the full statement on changes to the immigration rules: https://www.gov.uk/government/publications/statement-of-changes-to-the-immigration-rules-hc-813-22-october-2020

Please find below the latest issue of the transition period newsletter from DCMS, that you may find useful.

This newsletter contains:

• A letter from HMRC to businesses on preparing for the end of the transition period
• Updated information on CITES; and
• Information on .eu domain names and on the eCommerce Directive.

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Letter to the Government on Brexit
Attached is a copy of a CBI-led letter to the Government that the Tourism Alliance is a signatory to which urges the Government to secure a deal with the EU before the end of the year in order to protect UK businesses and employment. The letter has received significant media attention and highlights that we are running out of time and that swift deal is the single most effective way to support recovery from the impact of Coronavirus on the UK economy.

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Time is Running Out Campaign
Somewhat mirroring the call from UK industry that time is running out for the UK Government to reach a deal with the EU, the Government has launched a new campaign to warn businesses that “Time is Running Out” for businesses to prepare for the UK to leave the EU. The Government is urging business leaders to step up preparations for an “Australia-style” exit - which roughly translates as a “No Deal” Brexit.

https://www.gov.uk/government/news/time-is-running-out-for-businesses-to-prepare?utm_source=d9f9301b-c83c-44f0-8df1-f301b2a04526&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate

This has been followed-up by Michael Gove reading a statement to the House this afternoon informing MPs that the UK will have to prepare to trade with the EU on WTO terms from January, which reflects comments made by the Prime Minister on Friday

https://www.gov.uk/government/speeches/pm-statement-on-brexit-negotiations-16-october-2020?utm_source=bba1245b-6963-463f-973b-9c59be60a9c5&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate

HMRC Letters to VAT registered companies
HMRC has written to all VAT registered companies to explain what they need to do to prepare for new processes for moving goods between Great Britain and the EU from 1 January 2021, including:

• making sure they have a UK Economic Operator Registration and Identification (EORI) number
• deciding how they will make customs declarations
• checking if their imported goods are eligible for staged import controls

These actions will not change regardless of the outcome of the government’s negotiations with the EU.

https://www.gov.uk/government/publications/letters-to-businesses-about-new-trade-arrangements-with-the-eu-from-1-january-2021?utm_source=7f6af1a1-080b-442d-9cfc-0514138f5f9b&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate

Updated Border Operating Model
The Government has published guidance that provides further detail for businesses and passengers on how the GB-EU border will operate after the end of the transition period. Key announcements are:

• Confirmation that from 1 October 2021, EU, EEA and Swiss nationals will require a passport to travel to the UK.
• EU, EEA and Swiss nationals whose rights are protected by the Withdrawal Agreement, including those eligible for European Union Settlement Scheme status, frontier workers and joining EUSS family members will continue to be able to use a national identity card for travel until at least 31 December 2025 and thereafter if the cards are compliant with International Civil Aviation Organisation standards.
• Hauliers will need a Kent Access Permit to proceed to the border.

Here’s links to the Press notice, Operating Model and Written Ministerial Statement

Importing Plants
One for attractions or visitor gardens that import plants. The government has published guidance about how to import or export plants from 1 January 2021

https://www.gov.uk/guidance/importing-and-exporting-plants-and-plant-products-from-1-january-2021?utm_source=f50db78c-a35c-49c7-9342-ed7a70203958&utm_medium=email&utm_campaign=govuk-notifications&utm_content=immediate

EU Settlement factsheet
The Eu Settlement scheme factsheet has been updated

https://www.gov.uk/government/publications/eu-settlement-scheme-factsheet/eu-settlement-scheme-factsheet